What can a plaintiff do if the misrepresentation is innocent?

When dealing with an innocent misrepresentation, the primary remedy available to a plaintiff is to seek rescission of the contract. Rescission allows the parties to unwind the contract and restore them to their original positions prior to the misrepresentation. This is particularly relevant in cases of innocent misrepresentation, where the party making the misrepresentation did not intend to deceive and was acting in good faith.

Rescission aims to address the fact that the consent to the contract was based on incorrect information, meaning the aggrieved party may no longer wish to be bound by the agreement. By seeking rescission, the plaintiff can effectively nullify the contract and recover any benefits conferred, while both parties exit the agreement as if it never existed.

This context clarifies why the other options may not apply to this scenario. While suing for damages could be an option in cases of fraud or negligent misrepresentation, it is generally not available for innocent misrepresentation, as there is no intent to deceive or negligence involved. Similarly, negotiating a new contract or terminating the contract without further action lacks the formal process necessary to address the implications of the original contract having been entered into under false pretenses. Thus, seeking rescission is the appropriate and legally recognized remedy in the case